Special Trustee. (1) The grievant may appeal the decision of the CEO to the Special Trustee This appeal shall be made within ten workdays of the receipt of that decision. The appeal shall include a copy of the original grievance, all decisions previously rendered including the reasons therefore, the reasons for the appeal, and the specific remedy sought.
Special Trustee. To appoint or remove by signed instrument any trust company, authorized by the ITTA or any other applicable law, as special trustee as to part or all of the Trust Funds, including assets as to which the Trustee does not act; and the special trustee, except as specifically limited in this or the appointing instrument, shall have all of the rights, titles, powers, duties, discretions, and immunities of the Trustee who appointed the special trustee, without liability for any action directed to be taken or omitted under this or the appointing instrument.
Special Trustee s/ Xxxxx X. Xxxxxx ----------------------------- XXXXX X. XXXXXX BUSINESS TRUSTEE: /s/ Xxxx X. Xxxx ----------------------------- XXXX X. XXXX EXHIBIT A TO THE TRUST AGREEMENT OF MAIN PLACE TRUST (DATED AS OF DECEMBER 14, 1998) FORM OF ASSIGNMENT AND ASSUMPTION AGREEMENT ASSIGNMENT AND ASSUMPTION AGREEMENT This ASSIGNMENT AND ASSUMPTION AGREEMENT (the "Agreement") is dated as of December __, 1998, by NATIONSBANK, N.A (the "Assignor") and MAIN PLACE Trust, a Delaware business trust (the "Assignee").
Special Trustee. (a) The Company expressly acknowledges that, under the circumstances set forth in the applicable LLC Agreement or Written Action, the holders of each series of Preferred Securities shall have the right, prior to a Special Event Exchange of such series of Preferred Securities, to appoint a Special Trustee if an Event of Default with respect to the series of Securities related to such series of Preferred Securities or certain other events specified in such LLC Agreement or Written Action shall have occurred and be continuing. Such Special Trustee shall be authorized to exercise the rights and remedies of the American General LLC that issued the Preferred Securities of such series as Holder of the related series of Securities under this Indenture, other than the right to receive any payments on such Securities. Without limiting the foregoing, such Special Trustee shall be entitled to give any request, demand, authorization, direction, notice, consent or waiver hereunder as if it, rather than such American General LLC, were the Holder of the Securities of such series and, in determining whether the Holders of the requisite principal amount of Outstanding Securities of such series have given any such request, demand, authorization, direction, notice, consent or waiver, such Securities shall be deemed to be owned by the Special Trustee rather than such American General LLC. Any Special Trustee so appointed shall vacate office immediately in accordance with the applicable LLC Agreement if all Events of Default or other events specified in the applicable LLC Agreement or Written Action giving rise to such right of appointment have been cured or waived. The Company shall notify the Trustee when any such Special Trustee shall have been appointed and the date on which the authority of the Special Trustee shall have expired or terminated.
Special Trustee. A Special Trustee shall be appointed when necessary to exercise certain powers or discretion under this Trust. The Trustee may make such appointment at any time as needed. The Special Trustee at any time serving shall be someone who would not have a substantial risk of causing adverse tax consequences to such Special Trustee or to the Trustee or any co-Trustee serving as Trustee, or any beneficiary, from either having or exercising any discretion as to which a Special Trustee may be required or allowed to exercise under the terms of this Trust, as the case may be, and if so qualified may be any co-Trustee, but in any event shall be either an individual not subject to such risk of adverse tax consequences, or a bank trust department with an office in Salt Lake City, Utah. Written notice of the appointment of such a Special Trustee shall be sent to all competent beneficiaries and to the guardian or conservator of any incompetent beneficiary. Such notice shall identify the Special Trustee and set forth a general description of the issues with respect to which the Special Trustee is to serve. If any bank trust department is serving as a co-Trustee, that trust department co-Trustee shall have the power and authority alone and in its sole and absolute discretion to name itself as the Special Trustee, by giving notice as provided above, any time it believes it necessary or desirable to do so to give effect to the intentions of Sections 5.11 and 5.12.
Special Trustee. . A Special Trustee shall be appointed when necessary to exercise certain powers or discretion under this Trust. The Trustee [Trust Protector] may make such appointment at anytime as needed. The Special Trustee at any time serving shall be someone who would not have a substantial risk of causing adverse tax consequences to such Special Trustee or to the Trustee or any Cotrustee serving as Trustee, or any beneficiary, or any person transferring property into the Trust, from either having or exercising any discretion as to which a Special Trustee may be required or allowed to exercise under the terms of this Trust, as the case may be, and if so qualified may be any Cotrustee, but in any event shall be either an individual not subject to such risk of adverse tax consequences, or a bank trust department or trust company with an office in Salt Lake City, Utah. Written notice of the appointment of such a Special Trustee shall be sent to all current beneficiaries. Such notice shall identify the Special Trustee and set forth a general description of the issues with respect to which the Special Trustee is to serve. If any bank trust department or any trust company is serving as a Cotrustee, that trust department or trust company Cotrustee shall [request the Trust Protector to appoint it] [have the power and authority alone and in its sole and absolute discretion to name itself] as the Special Trustee, by giving notice as provided above, any time it believes it necessary or desirable to do so to give effect to the intentions of sections 5.14 and 5.15.
